| Q.1 | Who is responsible for Farm Labour Contractors (FLCs) while they are on site? |
| A.1 | This depends whether the FLC has left an appointed supervisor on site – if there is a FLC appointed supervisor then all direction to the workers should flow through that supervisor and thus the FLC is responsible for their workers. If there is no FLC appointed supervisor, the owner of the site is responsible for the FLC supplied workers and all OHS requirements. It is very important that all workers on your site are aware of any hazard that may impact their ability to work safely on site. |
| Q.2 | Do I, as an employer have to orientate and train the FLCs? |
| A.2 | You will need to provide an orientation for the FLC appointed supervisor that can then be disseminated to the rest of the FLC supplied workers. If there is no FLC appointed supervisor, then you must orientate and train the FLC supplied workers. |
| Q.3 | Do I, as an employer have to provide first aid for the FLC supplied workers? |
| A.3 | Yes, however FLCs must provide the vehicle used to transport the workers with appropriate first aid equipment on board. The AgSafe First Aid Assessment Web App assists with determining the first aid requirements for each workplace. |
| Q.4 | Do I as an employer have to supervise the FLC supplied workers? |
| A.4 | This depends whether the FLC appointed supervisor is on site or not. If you have concerns relating to FLC supplied worker safety performance you will need to discuss your concerns directly with the site appointed FLC supervisor. If the FLC appointed supervisor is not available, you may address directly with the worker and report your concerns as soon as possible to the FLC supervisor. |
| Q.5 | What kinds of work can FLC supplied workers perform while on site? Field work trimming, harvesting, drying, operating mobile equipment? |
| A.5 | FLC supplied workers can perform industry-specific tasks once formal certificates and records of training have been presented. |
| Q.6 | What happens if I don’t get the same workers supplied every day from the FLC? |
| A.6 | Have this conversation with the FLC controller, or whoever schedules the workers. Remember that all FLC supplied workers need to be trained and orientated to the tasks they will perform on site. |
| Q.7 | How do I look up their WorkSafeBC coverage? |
| A.7 | Exceptionally important - consider adding each contractor to your WorkSafeBC online account clearance alerts. |
| Q.8 | Do I have to look up their WorkSafeBC coverage every time they are on site? |
| A.8 | Coverage needs to be proven for the entire duration that they are on site. Clearance letters will need to be obtained at the beginning and end of the duration of contract - consider adding each contractor to your WorkSafeBC online account clearance alerts. |
| Q.9 | What happens if they are doing something that I need to correct? Am I their supervisor? |
| A.9 | If there is no FLC appointed supervisor on site, you are their supervisor and must supervise FLC supplied workers as you would your own employees. If there is a FLC appointed supervisor on site, address your concerns with them to then direct the FLC supplied workers - unless the FLC supplied worker is doing something dangerous that could harm themselves or another worker or damage property, then address your concerns directly to the FLC supplied worker – and report your concerns to the FLC appointed supervisor. |
| Q.10 | What if FLC supplied workers don’t speak English? Must all OHS material have to be in the language they speak? |
| A.10 | You have to prove FLC supplied worker comprehension of all OHS training and orientation material. Discuss this with the FLC provider to see if they can provide an interpreter. Ensure all OHS material is in the language of the workers on site. AgSafe has many translated OHS documents to aid in this. |
| Q.11 | How do I ensure FLC supplied workers comply with COVID-19 orders and protocols? |
| A.11 | The worksite dictates the COVID-19 safety plan. When on site, FLC supplied workers must follow COVID-19 work site safety plans. This includes physical distancing, as per WorkSafeBC and Public Health orders. Where distancing cannot be maintained, ensure barriers and masks are utilized as part of your COVID-19 safety plan. |
| Q.12 | As an employer am I liable for FLC supplied workers if I know FLC supplied workers are travelling in an unsafe vehicle to and from the site? |
| A.12 | Employers who contract with FLCs are expected to exercise an oversight function when the vehicle arrives on site. Please see this excerpt from the WorkSafeBC guidelines:
G3.1-2 Farm labour contractors and growers - Responsibilities and OHS programs
Examples of the application of OHS requirements to FLCs and growers.
The following will assist with an understanding of the application of occupational health and safety requirements to FLCs, and growers who contract for their services.
1. Worker transport vehicles: These are typically owned and operated by FLCs. As such FLCs are responsible for all aspects of safety of the vehicle including condition, maintenance, operation, and use. Requirements apply under provisions such as Part 17 (Worker transportation) of the Regulation, and those under the Motor Vehicle Act.
Growers who contract with FLCs are expected to exercise an oversight function when the vehicle arrives on site. Should they observe any faulty condition of the vehicle or unsafe operation they should draw it to the attention of the FLC to ensure it is corrected. In addition, as owners, the growers have a responsibility to make sure that the site is safe, including any roadway to be used by the worker transport vehicle operated by the FLC.
The site owner is required to ensure the FLC is informed of any hazards once the FLC vehicle accesses the site. Any hazards the driver may face will need to be discussed with the driver prior to the driver accessing the owner’s site.
Full WorkSafeBC Guidelines:
Link |
| Q.13 | Do I include the FLC appointed supervisor in safety meetings? Do they need to sign off on safety meetings while on site? |
| A.13 | If there is a FLC appointed supervisor, include them in your safety meetings. It is very important that all workers on your site are aware of any hazard that may impact their ability to work safely on site. If there is no FLC appointed supervisor, then include the FLC supplied workers as you would your own employees. |
| Q.14 | Who is responsible for FLC supplied workers on site without an FLC appointed Supervisor? |
| A.14 | Under this scenario, treat FLC supplied workers as your own workers as this is how WorkSafeBC will view them. |
| Q.15 | How do I discipline a FLC supplied worker? |
| A.15 | If there is no FLC appointed supervisor, discipline FLC supplied workers as per your progressive disciplinary site policies would your own employee - ensure a progressive discipline policy is included in your FLC appointed supervisor orientation. If there is a FLC appointed supervisor on site report your concerns to the FLC appointed supervisor for FLC disciplinary procedures. |
